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CONCESSION ENQUIRY No. 1118 (ACCRA)

(1961) JELR 86008 (HC)

High Court 30 Jun 1961 Ghana
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Case Details

Judges:ADUMUA-BOSSMAN J.
Counsel:C. C. Quist for the Administrator of Stool Lands (applicant). H. V. H. Franklin for the claimants (respondents).
Location:Accra
Other Citations:[1961] 1 GLR 448 - 465

JUDGEMENT

ADUMUA-BOSSMAN J.

This ruling is in respect of an application by motion at the instance of the Administrator of Stool Lands (hereinafter referred to shortly as the administrator) for the review of an order made on the 22nd December, 1960, granting a certificate of validity in respect of the concession lease herein.

The first question raised is whether the court is competent to entertain the application having regard to the time when it was made. As to that, Mr. Franklin, counsel for the claimant, has submitted that the administrator could only intervene in this concession proceedings by virtue of section 8 of the Stool Lands Control Act, 19591 which provides that:

"The Governor-General shall . . . have the right of taking part in the name of the Stool concerned in any proceedings concerning any lands from which Stool revenue is derived".

As the administrator is permitted to intervene only "in the name of the Stool concerned" continued counsel in his submissions, he must be sub…

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